Sued by donations.

[Rozinx]

Is that actually real?
I highly doubt that would ever happen.

But let's face it, once we put our servers online, if we really want a good project , we got to ask for donations, otherwise we wouldn't be able to put it on dedicated servers and would be wasting money for nothing.
Since we use cipsoft's client, I have my doubts about law breaking.

 

[Red]

If they ever decide to, they'll take out the biggest servers first. I promise, and whether or not you know when to withdraw, is whether or not you'll be in trouble.

Red

 

[Elox]

Hosting a OT isn't illegal? Using the Tibia client to connect to an OT that's illegal. :$ (copyright shit or something.)
Or am I wrong?

 

[Rozinx]

Hosting isn't, as long as it uses the client with no profit purposes.

 

[Evan]

That's why Pokemon Online has 2400 players online everyday and never got sued, they have their own client but some same sprites (sprites are not copyrighted).

 

[exique]

This would probably never happen? Or.. has it happened before?

 

[Jerry]

That's why Pokemon Online has 2400 players online everyday and never got sued, they have their own client but some same sprites (sprites are not copyrighted).

Wow... 2400 PlayerS? Damn no life... I wonder what kind of server there using.

 

[Rexxar]

I just had a look through CipSoft's legal documents, and they do not specify ANYTHING in their legal documents regarding using their client to connect to other servers. So...

Hosting a server is not illegal.
Connecting to a private server with the tibia client is not illegal.

However!
Modified clients is illegal.
This because you are basically taking something which belongs to CipSoft, altering it, and then you redistributing it.

This can be compared to downloading a song made by Britney Spears (Or any other artist), removing her singing and replace it with yourself singing, and then giving out the song and claim its yours.

So you are in the green as long as you do not offer a modified tibia client.



As for donations, those are okay as long as they are defined as "donations" all over the site, and not as "cash-shop items", "Cash items" or anything else implying that the users is BUYING in-game items/services from you.
This is because donations is defined as users willingly giving you their money to support the server, and then perhaps getting something in return for their donation.

However cash shop items is defined as you using CipSoft's software to make a server and then offer buyable services that users BUY from you. Thus you are effectively making money off something CipSoft created.
This is highly illegal.

This can be compared to downloading a copy of Windows 7, cracking it so it doesn't require verification by Microsoft to function (Serial# & WGA), then renaming it to "Doors 7" and selling it for $50.
Microsoft would sue you for millions in no-time.


You should all be happy actually. CipSoft is the most lenient MMORPG developer I've seen when it comes to sueing private servers.
Ragnarok Online and MapleStory servers have had HUGE issues with private server owners being sued by Gravity/Wizet for using their game to host private servers.


TL;DR Version:

Hosting an OpenTibia Server. Okay.
Using the Tibia client to connect to an OpenTibia Server. Okay.
Having "donations". Okay.

Creating a modified Tibia client and giving it to your players. Not Okay.
Having "cash shop items" or "premium services" that players buy. Not Okay.

 

[TheNotoriousNaS]

Having "cash shop items" or "premium services" that players buy. Not Okay.[/B]

That's why we call them Donations. :]

 

[Rexxar]

That's why we call them Donations. :]

Well... Some do. But I've seen plenty of OT servers that offers "premium items" or has a "cash shop" where they trade "premium points" for items.

Hell I've even seen two websites that offered its users the ability to "buy items" or "buy premium" with IRL cash through paypal/daopay.

 

[jaagkaninteprat]

U cant get sued, cuz u dont HAVE to buy donations? if your forced like WoW, then u can get sued.

 

[Rexxar]

U cant get sued, cuz u dont HAVE to buy donations? if your forced like WoW, then u can get sued.

Indeed, you cannot get sued for having donations.

Having cash shop items, where you BUY stuff, rather than donate out of your free will and get something in return, that will get you in legal trouble.

The difference is that with donations, you donate to support the server and get something in return for helping. With cash shop items you PAY money to BUY something in the server.

 

[scripter5]

The other major difference between buying items and having players 'donate' is if they buy the item from you, they then have a legal right over it. You then MUST keep your server open if they wish to have access to it.

Whereas with donations they have no legal rights over anything on your server

 

[stian]

Even if you call it "Donations" it still a legal gray zone. I can't do to the shop and "donate" to get my goods just to avoid taxes etc.

 

[OZKL]

Kids, don't do drugs.

 

[scripter5]

@stian

Somewhat different. A shop is selling a good or service for a price, they aren't asking for donations. What most OT servers do is say "You can donate, you don't have to, but you MIGHT get this item if you do". There's no guarantees with donations, with a shop where you're purchasing a good for a set price there's a guarantee.

 

[Rexxar]

Thus why most private servers I've seen (Surprisingly not many Open Tibia servers however) has a contract you need to accept before you donate, in which they state something like...

"When you choose to purchase this premium item, and it gets lost in a server faliure, it will not be reimbursed"

Thus if the user complains all they do is point to that. The user accepted it thus he cannot complain.

 

[Delirium]

Hosting a OT isn't illegal? Using the Tibia client to connect to an OT that's illegal. :$ (copyright shit or something.)
Or am I wrong?

You're wrong, connecting to an otserv with the tibiaclient is not illegal as well. It's against their EULA, the only thing they could do is to ban your account on their servers.

That's why Pokemon Online has 2400 players online everyday and never got sued, they have their own client but some same sprites (sprites are not copyrighted).

No they don't have their own client, they're using the tibiaclient with strings & sprites edited.

Wow... 2400 PlayerS? Damn no life... I wonder what kind of server there using.

It's actually not a single servers, many servers with 350~ players each.

 

[stian]

@Scripter5: True, but a shop can just stop asking too. Make a donation too them first. Get some points for that. Then you can use the point to shop with. Actually most countries will define it as if you had a netshop where you pay with virtual money.

Also to be noted, you can't take profit from the donations I think.

@Delirium: Actually they are breaking the law if redistribution is illegal. Also I don't think they allow modification of their software, it's basicly on the same legal status as patching away copyright protection etc.

It all comes down to what the law of your country says. Not whats in the EULA.

 

[chojrak]

Hosting a OT isn't illegal? Using the Tibia client to connect to an OT that's illegal. :$ (copyright shit or something.)
Or am I wrong?

Hosting is legal. Using Cip's client is illegal.

Hosting isn't, as long as it uses the client with no profit purposes.

You are wrong.

That's why Pokemon Online has 2400 players online everyday and never got sued, they have their own client but some same sprites (sprites are not copyrighted).

They aren't using own client, just Cip's client + new sprites + some binder.

// Sorry if someone posted these answers already, i didn't read the whole thread. xP